Can Bail Be Denied in California?

“No bail” is one of the most frightening things a family reads, and it means more than one thing. Sometimes bail has genuinely been denied. Far more often the amount simply has not been set yet, or a hold from somewhere else is sitting on top of an ordinary bail. Those three situations look identical from the outside and resolve completely differently.

The three things “no bail” can mean

Establishing which one you are dealing with is the first useful thing anyone can do, and it costs nothing — we check before quoting anything.

When bail can actually be denied

The California Constitution, article I, section 12, makes people generally bailable by sufficient sureties, with defined exceptions — capital offences where the facts are evident or the presumption great, and certain felony cases involving violence or threats where the court finds substantial likelihood of great bodily harm to others.

In practice, denial is reserved for the most serious matters. If the charge is an ordinary felony or misdemeanour, denial is unlikely and the answer is almost always one of the other two rows above.

Since In re Humphrey (2021) 11 Cal.5th 135, courts must also consider a defendant’s ability to pay before setting an amount they cannot meet — which cuts the other way, against bail being set at a level that operates as an effective denial.

The holds that look like a denial but are not

• A probation or parole hold. A parole hold is not bailable in the ordinary way at all — see parole violation holds and probation violations.
• A warrant from another county. Its own case, its own bail — see out-of-county warrants.
• A federal immigration detainer, which sits outside the state system entirely — see immigration holds.
• A PC 1275.1 source-of-funds hold, where the court is not yet satisfied about where the money came from — see the 1275 hold.

Penal Code § 1269b(g) is the thread running through all of these: posting bail discharges a person as to the offence the bail was posted on, and nothing more.

Not a denial: waiting for a judge

For specified domestic violence offences and serious or violent felonies, Penal Code § 1270.1 forbids release on own recognizance or at any figure other than the scheduled amount until a hearing has been held in open court. Families frequently hear that as “no bail”. It is not — the scheduled amount can usually still be posted immediately. What cannot happen without a hearing is a reduction. See domestic violence bail and bail reduction hearings.

What to do when you are told there is no bail

1. Ask which of the three it is. Custody staff will usually say whether a hold exists, even if not what kind.
2. Get the charge as booked. It determines whether a schedule figure should exist at all.
3. Wait for arraignment if nothing is set. A judge sets bail within 48 hours of arrest, excluding Sundays and holidays, under Penal Code § 825 — see arraignment.
4. Get a defence lawyer involved early if the charge is serious. A bail agency cannot argue for release; a lawyer can.
5. Do not buy a bond that cannot work. If a hold means release will not happen, we will tell you before you pay.

Questions we get asked most

Can bail be denied in California?

Yes, in defined circumstances. Article I, section 12 of the California Constitution makes people generally bailable by sufficient sureties, with exceptions including capital offences where the facts are evident or the presumption great, and certain violent felony cases where the court makes specified findings.

What does “no bail” on a booking mean?

Usually one of three things: bail has not been set yet, a hold is in place, or bail has genuinely been denied. The first two are far more common than the third.

Does a domestic violence arrest mean no bail?

No. Penal Code 1270.1 requires a hearing in open court before release on own recognizance or at any amount other than the scheduled figure, but the scheduled amount can usually still be posted immediately.

When will bail be set if none is showing?

Generally at arraignment, which must happen within 48 hours of arrest excluding Sundays and holidays under Penal Code 825.

Can a bail agency get a denial reversed?

No. That is a matter for a criminal defense lawyer and the court. A bail agency can post a bond once an amount exists.

Related resources

Arraignment · Bail reduction hearings · Parole violation holds · Out-of-county warrants · PC 1275.1 hold · How California bail schedules work · How long release takes